THE DIRECTOR OF RELIGIOUS AFFAIRS vs.

ESTANISLAO R. BAYOT,

FACTS:-published advertisement (marriage)

R-- attorney-at-law, is charged with

malpractice for having published an
advertisement in the Sunday Tribune-Marriage license promptly secured
thru our assistance & the annoyance
of delay or publicity avoided if
desired, and marriage arranged to
wishes of parties. Consultation on
any matter free for the poor.
Everything confidential.
admitted having caused its publication
prayed for the "the indulgence and
mercy" and promised "not to repeat such
professional misconduct in the future and
to abide himself to the strict ethical rules
of the law profession."

reputation for professional capacity

and fidelity to trust. This cannot be
forced but must be the outcome of
character and conduct.
Respondent: reprimanded.

LEDESMA vs. CLIMACO (judge)

FACTS:

he has pending case before the sala of

R to which he was counsel de parte-he filed motion to withdraw as such

R- denied and appointed P as counsel de

oficio

P- filed motion to withdraw as counsel de

oficio, premised on the policy of the
Commission on Elections to require
full time service as well as on the
volume or pressure of work of
petitioner, which could prevent him from
handling adequately the defense.

R-- denied the said motion--that there was

no incompatibility between the duty of
petitioner to the accused and to the court
and the performance of his task as an
election registrar of the Commission on
Elections and that the ends of justice
"would be served by allowing and
requiring Mr. Ledesma to continue as
counsel de oficio, since the prosecution
has already rested its case."

petitioner was less than duly mindful of

his obligation as counsel de oficio

HELD:

advertisement -was flagrant violation

of the ethics of his profession, it being a
brazen solicitation of business from
the public.

Section 25 of Rule 127 --- "the practice

of soliciting cases at law for the purpose
of gain, either personally or thru paid
agents
or
brokers,
constitutes
malpractice."

unethical for an attorney to advertise his

talents or skill as a merchant advertises
his wares. Law is a profession and not
a trade.

The lawyer degrades himself and his

profession who stoops to and adopts the
practices
of
mercantilism
by
advertising his services or offering
them to the public.
most
worth
and
effective
advertisement
possible,---is
the
establishment of a well-merited

Petitioner-- appointed Election Registrar

He have known that membership in

the bar is a privilege burdened
with conditions.

People v. Daban:-- membership in

the bar carries with it a responsibility
to live up to its exacting standard. The
law is a profession, not a trade or a

craft.

To avoid any frustration thereof,

obtained in violation of this section

shall be inadmissible in evidence."

especially in the case of an indigent

defendant, a lawyer may be required
Petitioner-- betray by his moves his lack of
to act as counsel de oficio (court
enthusiasm for the task entrusted to him,
appointed counsel). The fact that his
to put matters mildly.
services are rendered without
duty to court and to client takes
remuneration should not occasion
precedence over the promptings of
a diminution in his zeal.
self-interest.
Counsel de oficio-- must render
Petition dismissed: right to counsel of the
effective assistance. The accusedaccused takes greater importance
defendant expects of him due
diligence, not mere perfunctory
representation.

People vs holgado: right to counsel-"In criminal cases there can be no fair

hearing unless the accused be
given an opportunity to be heard
by counsel. The right to be heard
would be of little avail if it does not
include the right to be heard by
counsel. Even the most intelligent
or educated man may have no skill
in the science of law, particularly
in the rules of procedure, and;
without counsel, he may be
convicted not because he is guilty
but because he does not know how
to establish his innocence.

CUI (jesus maria) vs CUI antonia

"titulo de abogado" means membership in
the bar; not mere possession of the academic
degree but membership in the bar after due
admission.
Possession of law degree not indispensable
to qualify as lawyer ---- completion of the
prescribed courses may be shown in some other
way.
Reinstatement to the roll wipes out
disabilities.---wipes out the restrictions and
disabilities resulting from a previous disbarment.

FACTS:
Hospicio,
charitable
institution,
established by the sps Don Pedro Cui and
right to be assisted by counsel is
Doa Benigna Cui, now deceased, "for the
deemed so important that it has
care and support, free of charge, of
indigent invalids, and incapacitated and
become a constitutional right
helpless persons."
it is essential that the court should
sec 2-- administration jointly by spouses;
assign one de oficio for him if he so
death or incpacity to whoever designated
or nominated
desires and he is poor or grant him a
P and D are brotherssons of Mauricio Cui
reasonable time to procure an attorney
(nephew of Sps Don Pedro Cui)
of his own.
incumbent administrator Teodoro resigned
NOW: constitution-- accused shall enjoy
in favor of Antonio Cui (defendant),
the right to be heard by himself and
pursuant to a convenio- Defendant assumed office with no prio
counsel,"---"Any person under
notice either of convenio to his brother
investigation for the commission of an
P wrote letter to D-that office be turned
offense shall have the right to remain
over to him
silent and to counsel, and to be
informed of such right. Any confession
P and D-- main issue ---respective

qualifications to the position of

administrator.
TEST of AGE-- Jesus is the older of the
two and therefore under equal
circumstances would be preferred,
pursuant to section 2 of the deed of
donation.
deed gives preference to the one,
among the legitimate descendants of
the nephews therein named-- "titulo
de abogado."

Jesus Ma. Cui (P) holds the degree of

Bachelor of Laws from the University
of Santo Tomas (Class 1926) but is not a
member of the Bar, not having passed
the examinations to qualify him as
one.
Antonio Ma. Cui s a member of the Bar,
and although disbarred by this Court on
29 March 1957 , was reinstated

lower court-- in favor of P

decided that "titulo de abogado," taken
alone, means that of a full-fledged lawyer,
but that "as used in the deed of donation
and considering the function of purpose of
the administrator, it should not be given a
strict interpretation but a liberal one," and
therefore means a law degree or
diploma of Bachelor of Laws.

HELD:

"titulo de abogado" means not mere

possession of the academic degree
of Bachelor of Laws but membership
in the Bar after due admission
thereto, qualifying one for the practice of
law.
A Bachelors degree alone, conferred by a
law school upon completion of certain
academic requirements, does not
entitle its holder to exercise the
legal profession.
"abogado" is lawyer or attorney- at-law--class of persons who are by license
officers of the courts, empowered to
appear, prosecute and defend, and
upon whom peculiar duties,
responsibilities and liabilities are
developed by law as a consequence.
Rule 138 such admission requires
passing the Bar examinations, taking
the lawyers oath and receiving a
certificate from the Clerk of Court,

academic degree of Bachelor of Laws-evidence of compliance with the

requirement that an applicant to the
examinations has "successfully
completed all the prescribed courses, in a
law school or university, officially
approved by the Secretary of Education."
thus, possession of the law degree
itself is not indispensable:
completion of the prescribed course
may be shown in some other way.
In the deed of donation that if not a
lawyer, the administrator should be a
doctor or a civil engineer or a
pharmacist, in that order; or failing
all these, should be the one who
pays the highest taxes among those
otherwise qualified.
Defendant is favored, however still not
qualify due to par 3 of deed of donation
--- which provides that the
administrator may be removed, on
the ground, among others, of
ineptitude in the discharge of his
office or lack of evident sound moral
character. Reference is made to the fact
that the defendant was disbarred by
this Court on 29 March 1957 for
immorality and unprofessional conduct.
It is also a fact, however, that he was
reinstated--- His reinstatement is a
recognition of his moral
rehabilitation, upon proof no less
than that required for his admission
to the Bar in the first place.
"Evidence of reformation is required
before applicant is entitled to
reinstatement, notwithstanding the
attorney has received a pardon following
his conviction, and the requirements for
reinstatement have been held to be the
same as for original admission to the bar,
except that the court may require a
greater degree of proof than in an original
admission."
decisive questions on an application
for reinstatement are whether
applicant is of good moral
character in the sense in which that
phrase is used when applied to
attorneys-at-law and is a fit and
proper person to be entrusted with
the privileges of the office of an

attorney, and whether his mental

qualifications are such as to enable him
to discharge efficiently his duty to the
public, and the moral attributes are to
be regarded as a separate and distinct
from his mental qualifications

When the defendant was restored to

the roll of lawyers the restrictions
and disabilities resulting from his
previous disbarment were wiped out.

Reyes filed against Excelsior-De Maas to

annul the sale of Excelsior's shares in the
International Pipe Industries Corporation
(IPI) to Eustaquio T.C Acero, allegedly on
the ground that, prior thereto, the same
shares had already been sold to him
(Reyes).

Assemblyman Fernandez entered his

appearance as counsel for Excelsior.

ISSUE:
VILLEGAS vs. LEGASPI
FACTS:

involved the prohibition in sec 11 of

article 8 of 1973 Charter: No member of
the National Assembly shall appear
as counsel before any court inferior
to a court with appellate jurisdiction,

WON members of the Batasang Pambansa can

appear as counsel before Courts of First Instance
\
HELD:
1973: -- prohibiting any Assemblyman from
appearing as counsel "before any Court inferior
to a Court with appellate jurisdiction"

1935--No member of the Commission on

Appointments shall appear as counsel before any
annulment of bank checks and damages Court inferior to a collegiate Court of appellate
was filed Villegas against the Vera Cruz jurisdiction.
spouses and Primitivo Cania, Jr. (private
deletion of the term "collegiate".
respondents)
answer was filed by private respondents
through their counsel, Assemblyman
Valentino 1. Legaspi, a member of the
Batasang
Pambansa
from
the
province of Cebu.

limitation now comprehends all

members of the Batasang Pambansa,
and is no longer confined to members
of the Commissions on Appointment

Villegas "challenged" the appearance ***Although the cases at bar were filed prior to
of Assemblyman Legaspi as counsel of the aforesaid amendment, they should be
record on the ground that he is barred resolved under the amended provision.
under
the
Constitution
from
what is prohibited to a Batasang
appearing before Courts of First
Pambansa member is "appearance as
Instance, which are essentially trial
counsel" "before any Court without
Courts or Courts of First Instance, which
appellate jurisdiction
are essentially trial Courts or Courts of
"Appearance" has been defined as
First Instance, which are essentially trial
Courts or Courts of original jurisdiction.
"voluntary submission to a court's
jurisdiction".

Judge
Burgos
denied
the
Counsel" means "an adviser, a person
disqualification
of
Assemblyman
Legaspi
professionally engaged in the trial or
management of a cause in court; a legal
SECOND case:
advocate managing a case at law; a

lawyer appointed or engaged to advise

and represent in legal matters a particular
client, public officer, or public body;
attorneys representing parties in an
action"

dual "personality"---Depending on the

case before it, said Courts can be either of
appellate or original jurisdiction.

WON Assemblymen can appear as counsel

"appearance as counsel" is a voluntary
before Courts of First Instance in cases
submission to a court's jurisdiction by a
originally filed with them
legal
advocate
or
advising
lawyer
Constitutional provision, appearance by
professionally engaged to represent and
plead the cause of another.
legislators before CFI should be limited
to cases wherein said Courts exercise
appellate jurisdiction.
**Legaspi, in preparing the Answer for
private respondent-spouses --appears as
their counsel.
** It is to be noted that at present he may
appear as counsel in any criminal case, but
represent and plead the cause of another
he cannot do so before any administrative
before a Court of justice
body.

**Also, while it is only appellate practice

WHERE did they appear: are the Courts of that is allowed a member of the National
First Instance-- Courts with appellate jurisdiction Assembly, formerly, such a limitation
applied
solely
to
a
Senator
or
essential criterion of appellate jurisdiction
Representative who was in the Commission
is that it revises and corrects the
on Appointments, a body abolished under
proceedings in a case already instituted
the present Constitution
and does not create that cause
reason:
fiduciary aspect of the position--
Courts of First Instance are Courts of fidelity to the maxim that a public office is a
general original jurisdiction.
public trust.

However, under the same statute, their

jurisdiction has been stated to be of
CONCLUSION: they appeared as counsel, were
two kinds: (a) original and (b)
acting in the exercise of original and not
appellate.
appellate jurisdiction, they must be held
appellate jurisdiction over all cases arising barred from appearing as counsel before said
in City and Municipal Courts in their Courts
respective provinces except over appeals
from cases tried by Municipal judges of
provincial
capatals
or
City
Judges
ENRIQUEZ, SR v. GIMENEZ
pursuants to the authority granted under
the last paragraph of Section 87 of the 1. provincial fiscal is disqualified to represent in
court the municipality if and when original
Judiciary Act.
jurisdiction of the case involving the
Courts of First Instance,--can be Courts municipality is vested in the Supreme
Court; when the municipality is a party
with appellate jurisdiction.
adverse to the provincial government or to
Courts of First Instance are not Courts some other municipality in the same
province; and when in the case involving the
without appellate jurisdiction.
municipality, he, or his wife, or child, is

pecuniarily involved as heir, legatee, creditor or

otherwise.

pre-audit--- disallowed in audit the

petitioners claim for initial attorneys fees
in the sum of P500, based upon an
opinion rendered on 10 May 1957 by
the Secretary of Justice who held that
the Provincial Fiscal was not
disqualified to handle and prosecute
in court the case of the municipality
of Bauan and that its municipal
council had no authority to engage
the services of a special counsel

2. ]Bias or prejudice and animosity or hostility

on the part of a fiscal not based on any of the
conditions enumerated in the law and the Rules
of Court do not constitute a legal and valid
excuse for inhibition or disqualification.
3. Unlike a practicing lawyer who has the
right to decline employment, a fiscal cannot
refuse the performance of his functions on
grounds not provided for by law without
violating his oath of office,
4. IF FISCAL DECLINES TO HANDLE CASE.
Instead of engaging the services of a special
attorney, the municipal council should have
requested the Secretary of Justice to
appoint an acting provincial fiscal
FACTS:
Nat'l Waterworks and Sewerage authority
supervision and contril over all territory
embraced by metropolitan water district
EO was promulgateddirecting the
transfer of all records to NWSA of all local
records
municipal council of Bauan, Batangas
passed resolution desire not to submit
municipal mayor transmitted a copy to
the Provincial Fiscal requesting him to
render an opinion on the matter
treated therein and to inform the
municipal council whether he would
handle and prosecute its case
provincial fiscal rendered an opinion
holding that Republic Act No. 1383 is valid
and constitutional and declined to
represent the municipality of Bauan
in an action to be brought against the
National Waterworks and Sewerage
Authority to test the validity and
constitutionality of the Act creating it
municipal council adopted and passed
Resolution No. 201 commence an action
to engage the services of a special
counsel
petitioner accepted the offer
petitioner wrote a letter to the municipal
treasurer requesting reimbursement
of the sum of P40 paid by him
municipal treasurer forwarded the
petitioners claim letter and enclosures to
the Auditor General through channels for

the Provincial Fiscal is the legal adviser

of the mayor and counsel of the
various municipalities of a province
and it is his duty to represent the
municipality in any court except when
he is disqualified by law.
When he is disqualified to represent the
municipality, the municipal council may
engage the services of a special
attorney.
Provincial Fiscal is disqualified
if and when original jurisdiction of the
case involving the municipality is
vested in the Supreme Court;
when the municipality is a party
adverse to the provincial government
or to some other municipality in the
same province;
when in the case involving the
municipality, he, or his wife, or child, is
pecuniarily involved as heir, legatee,
creditor or otherwise.
NO legal and valid excuse for
inhibition or disqualification.
unlike a practising lawyer who has the
right to decline employment--- a fiscal
cannot refuse the performance of
his functions on grounds not
provided for by law without
violating his oath of office,

Instead of engaging the services of a

special attorney, the municipal
council should have requested the
Secretary of Justice to appoint an
acting provincial fiscal in place of
the provincial fiscal who had
declined to handle and prosecute
its case

SEC Of justice has supervision and

control over government corporation
and provincial fiscal

 supervision means overseeing or the

power or authority of an officer to see
that subordinate officers perform their
duties.
Control-- means the power of an
officer to alter or modify or nullify or
set aside what a subordinate officer
had done in the performance of his
duties and to substitute the judgment
of the former for that of the latter

3. RESPECT OF THE COURTS.

respect of the courts guarantees the
stability of their institution.
FACTS;

fact that the Secretary of Justice had

upheld the validity and
constitutionality of Republic Act
No. 1383 does not exempt the
municipal council of Bauan from
requesting the Secretary of Justice
to detail a provincial fiscal to
prosecute its case.

services of the petitioner having been

"and . . . we wish to state sincerely that

erroneous decisions like these, which the
affected party and his thousands of voters
will necessarily consider unjust

SALCEDO v. HERNANDEZ,

1. PHRASES IN CONTEMPT OF COURT CONTAINED

IN A MOTION.
phrases contained in attorney V. J. F.s
motion
disclose---an
inexcusable
disrespect of the authority of the
court and an intentional contempt of
its dignity, because the court is thereby
charged with no less than having
proceeded in utter disregard of the
laws, the rights of the parties and of
the untoward consequences, or with
having abused its power and mocked
and flouted the rights of attorney V. J.
F.s
client
2. LAWYERS DUTIES TO THE SUPREME COURT.
duty bound to uphold its dignity and
authority and to defend its integrity,
not only because it has conferred upon
him the high privilege, not a right

". . . and constitutes an outrage to the

rights of the petitioner Felipe Salcedo and
a mockery of the popular will expressed at
the
polls
.
.
.
.
". . . because we should not want that
some citizen, particularly some voter of
the municipality of Tiaong, Tayabas, resort
to the press publicly to denounce, as he
has a right to do, the judicial outrage . . . .

engaged by the municipal council

and mayor without authority of
law, the Auditor General was
correct in disallowing in audit the
petitioners claim for payment of
attorneys fees.

In re contempt proceedings against

Attorney VICENTE J. FRANCISCO.

phrases in his motion made by Atty

Francisco--- called the attention of the
court; he was required to show cause why
he should not be found guilty of contempt.

court is thereby charged with no less

than having proceeded in utter
disregard of the laws, the rights of
the parties, and of the untoward
consequences, or with having abused
its power and mocked and flouted the
rights
of
Attorney
Vicente
J.
Franciscos client, because the acts of
outraging and mocking from which the
words "outrage" and "mockery" used
therein are derived

This cannot mean otherwise than

contempt of the dignity of the court and
disrespect of the authority thereof on
the part of Attorney Vicente J. Francisco,
because he presumes that the court is
so devoid of the sense of justice that,
if he did not resort to intimidation, it
would maintain its error
notwithstanding the fact that it may
be proven, with good reasons, that it has
acted erroneously.

HELD:

member of the bar and an officer of this

court--- duty bound to uphold its dignity
and authority and to defend its integrity,
not only because it has conferred upon
him the high privilege, not a right

because of chagrin at losing cases, and

that the big way is for the court to condone
even
contemptuous
language."

attorney never will be so for him to

exercise said right by resorting to
intimidation or proceeding without
the propriety and respect which the
dignity of the courts require.

The reason for this is that respect of the

courts guarantees the stability of
their institution.

Respect for the courts can better be

obtained by following a calm and impartial
course from the bench than by an attempt
to compel respect for the judiciary by
chastising a lawyer for a too vigorous or
injudicious exposition of his side of a case.
The
Philippines
needs
lawyers
of
independent
thought
and
courageous
bearing, jealous of the interests of their
clients and unafraid of any court, high or
low, and the courts will do well tolerantly
to
overlook
occasional
intemperate
language soon to be regretted by the lawyer
which affects in no way the outcome of a case.

Rule 1 Chapter 2 of Legal Ethics-- duty of

the lawyer to maintain towards the courts
a respectful attitude, not for the sake of
the temporary incumbent of the judicial
office, but for the maintenance of its
importance.

PANGAN v. RAMOS

Atty Francisco

was no intention-- however, settled rule in

all places where the same conditions
and practice as those in this
jurisdiction obtain, that want of
intention is no excuse from liability.
Respect for the judicial office should
always be observed and enforced."

constitutes a contempt in the face of the

court (in facie curiae) and, reiterating
what this court said on another occasion
that the power to punish for contempt is
inherent in the courts in order that there
be due administration of justice

Separate Opinions
United States v. Bustos ---"The guaranties of a
free speech and a free press include the right to
criticize judicial conduct"
prophesy of Sakdalism--- One came from a
lawyer and is condemned; the other came from a
judge and is accepted.
We feel also, that litigants and lawyers should
not be held to too strict an account for
words said in the heat of the moment,

Misrepresentation---Complainant
filed
before this Court a verified complaint
charging respondent lawyer with gross
immorality, for having misrepresented
himself as still "single" when he
started courting her, proposed marriage
to her and finally succeeded in
marrying her with full consciousness
that his first marriage was valid and
subsisting.

Respondent
denied
such
misrepresentation, and claimed that he
was
threatened
and
forced
by
complainants brothers to celebrate the
marriage which was only a cover-up of
complainants pregnancy, but admitted
having a carnal affair with her after the
celebration of the marriage.

Sol Gen--respondent guilty as charged and

recommended his suspension for three (3)
years while this Courts Legal OfficerInvestigator to whom the case was
referred for reception of additional
evidence recommended suspension for
five (5) years with prospect of total
disbarment.

notwithstanding
his
Courts
severe
reprimand and warning for using a
name other than his authorized name
in the "Roll of Attorneys", respondent
repeated
the
same
overt
act,
attributing the same to poor eyesight.

SC-respondents acquittal in the

criminal charge is not a bar to
disbarment proceedings and finding
him
guilty
of
grossly
immoral FACTS:
conduct, suspended him from the
Santa Pangancomplaint against Ramos
practice of law for a period of three
gross immorality- misrepresented
(3) years and for another year for his
himself as still "single"
willful disregard of a lawful order
against his using an unauthorized
name.
A Criminal Case for bigamy was also filed
but dismissed; insufficiency of evidence.
SYLLABUS

4. using name other than the name in Roll of

Attorneys-- Respondents conduct thus, suggests
lack of candor and respect in his dealing with
this Court. He has violated his oath of office of
assuming the duty of good faith and honorable
dealings with the court, of being respectful to it
and of being obedient to its rules and lawful
orders.

R- denied the material allegations

SOLGEN--report finding respondent Ramos

1. LEGAL AND JUDICIAL ETHICS; ATTORNEYS AT
guilty as charged,
LAW; ACTS CONSTITUTING GROSSLY IMMORAL
CONDUCT; CASE AT BAR.
meanwhile, stern warning was made that
respondent misrepresented his civil
a repetition of same overt act of using
status
as
"single,"
courted
name Pedro d. ramos
complainant, proposed marriage to
her knowing his legal impediments to
act of respondent of contracting the
marry complainant.
second marriage-- is contrary to honesty,

Respondents motives were clearly and

justice, decency and morality.
grossly immoral. He won her confidence
Respondent made a mockery of
and married her while his first marriage
marriage which is a sacred institution
to his present wife still validly subsists--demanding respect and dignity."
contrary to honesty, justice, decency and
morality.
members of profession of law must
Respondent made a mockery of
conform with the highest standards
marriage
which
is
a
sacred
of morality. --- paragraph 29 of the
institution demanding respect and
Canons of Judicial Ethics: "The lawyer
dignity."
should aid in guarding the Bar
439)
against the admission to the
3. ACQUITTAL IN A CRIMINAL CHARGE NOT A BAR
profession of candidates unfit or
TO DISBARMENT PROCEEDINGS.
unqualified because deficient in
The acquittal of respondent of the
either moral character or education.
criminal charge is not a bar to these
He should strive at all times to uphold
proceedings.
the honor and to maintain the dignity
standards of legal profession are not
of the profession and to improve not
satisfied by conduct which merely
only the law but also the
enables one to escape the penalties
administration of justice."
of the criminal law.
t in disbarment proceedings, court is
acting in an entirely different
*** acquittal of respondent Ramos upon the
capacity from that which courts
criminal charge is not a bar to these
assume in trying criminal cases.
proceedings.

The standards of legal profession are

not satisfied by conduct which merely
enables one to escape the penalties of
the criminal law.
Court in disbarment proceedings is
acting in an entirely different
capacity from that which courts
assume in trying criminal cases.

suggests lack of candor and respect in his

dealing with this Court.

violated his oath of office of assuming the

duty of good faith and honorable dealings
with the court, of being respectful to it
and of being obedient to its rules and
lawful orders.

Philippine lawyer's association vs AGRAVA

(Director of the Philippines Patent Office)

PRACTICE OF LAW
Practice of law in the Philippines includes
such appearance before the Patent Office,
the
representation
of
applicants,
oppositors, and other persons, and the
prosecution of their applications for
patent, their oppositions thereto or the
enforcement of their rights in patent
cases.
WITHOUT FURTHER EXAMINATION.
A member of the bar, because of his legal
knowledge and training should be
allowed to practice before the Patent
Office, without further examination
or other qualification.
members
of
the
Philippine
Bar
authorized by the Supreme Court to
practice law, and in good standing,
may practice their profession before
the Patent Office, for the reason that
much of the business in said office
involves
the
interpretation
and
determination of the scope and
application of the patent law and
other laws applicable

are

FACTS:
filed by
PLA
for prohibition and
injunction Agrava, in his capacity as
Director of the Philippines Patent Office.

respondent Director issued a circular

announcing that he had scheduled for
June 27, 1957 an examination for the
purpose of determining who are
qualified to practice as patent
attorneys before the Philippines
Patent Office, the said examination to
cover patent law and jurisprudence
and the rules of practice before said office.

circular--- members of the Philippine

Bar, engineers and other persons
with sufficient scientific and technical
training are qualified to take the said
examination.

PLA contends that--- one who has

passed the bar examinations and is
licensed by the Supreme Court to
practice law in the Philippines and
who is in good standing, is duly
qualified to practice before the
Philippines Patent Office

Respondent-- thru solgen, maintains

that the prosecution of patent cases
"does not involve entirely or purely
the practice of law but includes the
application of scientific and technical
knowledge and training and that the
Rules of Court do not prohibit the
Patent Office, or any other quasijudicial body from requiring further
condition or qualification from those
who would wish to handle cases before
such bodies. 1aw library

** SC has the exclusive and

constitutional power with respect to
admission to the practice of law in
the Philippines and any member of
the Philippine Bar in good standing
may practice law anywhere and
before any entity, whether judicial or
quasi-judicial or administrative, in the
Philippines

USING other name, despite warning:

functions of the Patent Director

judicial or quasi-judicial,

ISSUE;

knowledge and training, still, all such

business has to be conducted and all
orders and decisions of the Director of
Patents have to be rendered in
accordance with the Patent Law

WON appearance before the Patent Office and

the preparation and prosecution of patent
applications constitutes or is included in the
practice of law.

practice before the Patent Office

involves the interpretation and
application of other laws and legal
principles

All these things involve the application

of laws, legal principles, practice and
procedure. They call for legal knowledge,
training and experience for which a
member of the bar has been prepared.

Director of Patents, exercising as he

does judicial or quasi-judicial
functions, it is reasonable to hold that a
member of the bar, because of his
legal knowledge and training, should
be allowed to practice before the
Patent Office, without further
examination or other qualification.

Respondent Director claims that he is

authorized to prescribe the RR requiring
that persons desiring to practice before
him should submit to and pass an
examination. "SEC. 78. Rules and
regulations

While the U. S.-- require attorneys to

show that they possess the necessary
qualifications and competence to render
valuable service

CONCLUSION: members of the Philippine

Bar authorized by this Tribunal to practice
law, and in good standing, may practice
their profession before the Patent Office;
that part of the functions of the Patent
Director are judicial or quasi-judicial

petition for prohibition is granted and

the respondent Director is hereby
prohibited from requiring members of
the Philippine Bar to submit to an
examination or tests and pass the
same

HELD: YES

"The practice of law is not limited to the

conduct of cases or litigation in court; it
embraces the preparation of pleadings
and other papers incident to actions and
special proceedings, the management of
such actions and proceedings on behalf of
clients before judges and courts, and in
addition, conveying.
IN general, all advice to clients, and all
action taken for them in matters
connected with the law incorporation
services, assessment and condemnation
services contemplating an appearance
before a judicial body, the foreclosure of a
mortgage, enforcement of a creditors
claim in bankruptcy and insolvency
proceedings, and conducting proceedings
in attachment, and in matters of estate
and guardianship have been held to
constitute law practice, as do the
preparation and drafting of legal
instruments, where the work done
involves the determination by the
trained legal mind of the legal effect
of facts and conditions."
it requires in many aspects a high degree
of legal skill, a wide experience with men
and affairs, and great capacity for
adaptation to difficult and complex
situations.
the practice of law includes such
appearance before the Patent Office,
the representation of applicants,
oppositors, and other persons, and
the prosecution of their applications
for patent, their oppositions thereto,
or the enforcement of their rights in
patent cases.
although the transaction of business in
the Patent Office involves the use and
application of technical and scientific

UI v.

BONIFACIO

**administrative complaint for disablement

against Bonifacio for allegedly carrying on
an immoral relationship with Carlos L. Ui,
husband of complainant, Leslie UI.
1es
virtual
1aw
library
FACTS:
complainant Leslie Ui married Carlos L. Ui
complainant found out that her husband
was carrying on an illicit relationship
with respondent Atty. Iris Bonifacio
with whom he begot a daughter

Carlos admitted his relationship; Leslie

confronted
respondent
respondent
admitted however, alleged tbat everything
was over between her and carlos
however, relationship still continued and
bore second child
illicit
relationship
persisted
and
complainant even came to know later on
that respondent had been employed by
her husband in his company.
Respondent averred that she met Carlos
Ui and had known him all along to be a
bachelor, with the knowledge, however,
that Carlos Ui had children by a Chinese
woman in Amoy, China, from whom he
had long been estranged.
She stated that during one of their trips
abroad, Carlos Ui formalized his intention
to marry her and they in fact got married
in Hawaii, USA in 1985
respondent's
contention
that
her
relationship with Carlos Ui is not
illicit because they were married
abroad and that after June 1988 when
respondent discovered Carlos Uis
true civil status, she cut off all her
ties with him.
The concubinage chargewas dismissed
for failure to prove the fact of
respondent's cohabitation in the concept
of husband and wife.
Complaint was dismissed for insufficiency
of evidence thatliving together.
COMPLAINTCONTEMPT:
making false allegations in her Answer
and for submitting a supporting document
which was altered and intercalated-- DATE
of marriage 1985 vs. 1987
complainant allegedthat the reason for
that
false
allegation
was
because
respondent wanted to impress upon the
said IBP that the birth of her first child by

Carlos Ui was within the wedlock.

That the making false allegations in her
Answer
and
submitting
an
altered/intercalated
document
are
indicative of her moral perversity and
lack of integrity which make her
unworthy to be a member of the
Philippine Bar.

ISSUE:
WON she has conducted herself in an immoral
manner for which she deserves to be barred
from the practice of law.

respondent claims that she entered the

relationship in good faith and that her
conduct cannot be considered as willful,
flagrant, or shameless, nor can it suggest
moral indifference.
Complainant for gross immorality is
dismiss
the practice of law is a privilege.
A bar candidate does not have the
right to enjoy the practice of the
legal profession simply by passing
the bar examinations.
It is a privilege that can be revoked,
subject to the mandate of due
process, once a lawyer violates his
oath and the dictates of legal ethics.
requisites for admission to the
practice of law are:chanrob1es virtual
1aw library
a. citizen of the Philippines;
b. a resident thereof;
c. at least twenty-one (21) years of age;
d. a person of good moral character;
e. he must show that no charges against
him involving moral turpitude, are filed or
pending in court;
f. possess the required educational
qualifications; and
g. pass the bar examinations.

one of the conditions prior to admission

to the bar is that an applicant must
possess good moral character.
possession of good moral character

must be continuous ; , the loss thereof

is a ground for the revocation of such
privilege.
continued possession of good moral
character is also a requisite for
retaining membership in the legal
profession.
Immoral conduct ---- "that conduct
which is willful, flagrant, or
shameless, and which shows a moral
indifference to the opinion of the good
and respectable members of the
community.

and the high moral standard of the legal

profession.
DECISION:
disbarment for alleged immorality, is
DISMISSED.
REPRIMANDED for attaching to her Answer
a photocopy of her Marriage Certificate,
with an altered or intercalated date
thereof, with a STERN WARNING

DELES v. ARAGONA,
5. POWER TO DISBAR TO BE EXERCISED WITH
lawyers, as keepers of public faith, are GREAT CAUTION.
always to be exercised with great caution,
burdened with a higher degree of
and only in clear cases of misconduct
social responsibility and thus must
which seriously affects the standing
handle their personal affairs with
and character of the lawyer as an
greater caution.
officer of the court and member of the bar.

The facts of this case lead us to believe

that perhaps respondent would not
have found herself in such a
compromising situation had she
exercised prudence and been more
vigilant in finding out more about Carlos
Uis personal background prior to her
intimate involvement with him.

circumstances existed which should have

at least aroused respondents suspicion
she knew that Carlos Ui had children
with a woman from Amoy, China
never lived with respondent and their
first child, a circumstance that is
simply incomprehensible considering
respondents allegation that Carlos Ui
was very open in courting her.

***conclusion that respondent was imprudent

in managing her personal affairs.
***However, the fact remains that her
relationship with Carlos Ui, clothed as it was
with what respondent believed was a valid
marriage, cannot be considered immoral.
*** immorality connotes conduct that shows
indifference to the moral norms of society
and the opinion of good and respectable
members of the community.
***Respondents act of immediately
distancing herself from Carlos Ui upon
discovering his true civil status belies just that
alleged moral indifference and proves that
she had no intention of flaunting the law

FACTS:
disbarment proceeding against Vicente R.
Aragona--charging with having made,
under oath, false and unfounded
allegations against her in a motion
filed in Court of Agrarian Relations
respondent-- affirmed the truth of the
allegations in the questioned motion, but
claiming in his defense that in preparing it,
he relied not only upon information
received but also upon other matters
of public record.
Solgen---report
concurred
with
the
recommendation of Fiscal tha the petition
for disbarment be dismissed.
Deles-- administratix of estate of her
mother

courtdenied the proposed lease of ten

hectares bu the complainant.
However--- complainant disregarded the
order which prompted the Aglinao
brothers to file a complaint
furthermore, the complainant continued
the harassment thru unauthroized entry
tot he said land
brothers thru their counsel, herein
respondent
filed urgent motion for
issuance of interlocutory order-- granted
when palay planted on the land became
ripe and ready for harvest.
Albert, tenant of complainant, and his
armed companions harvested the palay,

she was told that they were acting upon

orders of the complainant;
respondent ---filed verified "Urgent Motion
to Declare Respondent in Contempt of
Court" --- praying that the complainant
and "her armed goons" be declared in,
and punished for, contempt of court for
violating the interlocutory order
complainant reply ---- claiming that the
allegations therein libelled her, and
that it was the respondent who
should be punished for contempt for
deliberately misleading the agrarian
court. And lodged criminal complaint for
libel
assistant city fiscal -- dismissed the same
on the ground that the allegations of
the
motion for contempt
were
privileged communications.
CAR dismissed cases and counterclaims
for lack of interest to prosecute
complainant
did
not
ask
for
reconsideration of the order of dismissal
instead
filed
an
administrative
complaint against respondent.

ISSUE:
whether the respondent should be disciplined or
disbarred for having prepared and filed under
oath the "Urgent Motion to Declare Respondent
in Contempt of Court" which allegedly contains
false and libelous imputations injurious to
the
honor
of
the
complainant.

COMPLAINANT:
she was not in Balasan but in Iloilo city;
she did not order to harvest the crops
Privilege Communication
made in course of judicial proceedings
are absolutely privileged that is,
privileged regardless of defamatory tenor
and of the presence of malice if the
same are relevant, pertinent or
material to the cause in hand or
subject of the inquiry.
allegations made by the respondent in
the questioned motion for contempt are
statements made in the course of a
judicial proceeding---they are
absolutely privileged
"The privilege is not affected by
factual or legal inaccuracies in the

utterances made in the course of

judicial proceedings."
Even when the statements are found to
be false, if there is probable cause
for belief in their truthfulness and
the charge is made in good faith, the
mantle of privilege may still cover the
mistake of the individual
The privilege is not defeated by the
mere fact that the communication is
made in intemperate terms
the narrated circumstances provided the
respondent a probable cause for
belief in the truthfulness of the
allegations which he couched in
rather intemperate language in his
motion for contempt.
The object of a disbarment
proceeding is not so much to punish
the individual attorney himself, as to
safeguard the administration of
justice by protecting the court and
the public from the misconduct of
officers of the court, and to remove
from the profession of law persons
whose disregard for their oath of
office have proved them unfit to
continue discharging the trust
reposed in them as members of the
bar.
Thus, the power to disbar attorneys
ought always to be exercised with
great caution, and only in clear cases
of misconduct which seriously affects
the standing and character of the
lawyer as an officer of the court and
member of the bar
conclusion: there is no evidence
whatsoever tending to prove
unfitness of the respondent to continue
in the practice of law
dismissed.

BLANZA v.

ARCANGEL

ATTORNEYS-AT-LAW
counsel
voluntarily
offered
his
professional services, he was not
legally entitled to recover fees. But
---he
was
bound
to
attend
to
complainants claim with all diligence.

ROLE OF ATTORNEY-AT-LAW IN THE COMMUNITY.

necessarily a leader of the community,
looked up to as a model citizen.

His conduct must, perforce, be par

excellence, especially so when

in this case, he vollunteers his

professional services BUT has not lived up
to that ideal standard.

unnecessary to have complainants wait,

and hope, for six long years on their
pension claims.
Upon their refusal to cooperate,
respondent
should
have
forthwith
terminated
their
professional
relationship instead of keeping them
hanging indefinitely.
FACTS:
complaint for professional non-feasance.
respondent volunteered to help them in
their respective
pension claims in
connection with the deaths of their
husbands, both P.C. soldiers, and for this
purpose, they handed over to him the
pertinent documents and also affixed their
signatures on blank papers.
noticed that since then, respondent had
lost interest in the progress of their
claims and when they finally asked for
the return of their papers six years
later, respondent refused to surrender
them.

Refused to return since complainant failed

or refused to hand him the money to pay
for the photostating costs
(1) his failure to attend to the
complainants pension claims for six
years:
(2) his failure to immediately return the
documents despite repeated demands
upon him, and

RESPONDENT:
free, no compensation
submits he was not obliged to follow up
complainants pension claims since there
was no agreement for his compensation
as their counsel.
however overlooks the fact that he
volunteered his professional services
and thus, was not legally entitled to
recover fees.
having established the attorney-client

relationship voluntarily, he was bound

to attend to complainants claims
with all due diligence.
Delay in filing of claims
R's explanation has not been controverted
by complainants
failed to pay
Respondent here has not lived up to that
ideal standard.
It was unnecessary to have complainants
wait, and hope, for six long years on their
pension claims.
Upon their refusal to co-operate, respondent
should have forthwith terminated their
professional relationship instead of
keeping them hanging indefinitely.
dismissed.
ZORETA, v. SIMPLICIANO

complaint for disbarment filed against

Simpliciano for allegedly notarizing
several documents during the year
2002 after his commission as notary
public had expired.

Zoreta in 2001 filed a case agains

Security Pacific Assurance Corporation
counsel was respondent.

Respondent
who was not a duly
commissioned Notary Public performed
acts of notarization; his commission
expires on Dec 31, 2002

However, the Clerk of Court of Quezon

City in her certification --- stated that as
per records on file with their office
respondent was not duly commissioned
notary public for and in Quezon City
for the year 2002.

evident from the foregoing that when

respondent
notarized
the
aforementioned documents, he was
not commissioned as notary public,
which was in violation of the Notarial
Law; for having notarized the 590
documents after the expiration of his

commission as notary public without making that document admissible in

having
renewed
said
commission evidence without further proof of authenticity.
amounting to gross misconduct as a
** performing a notarial without such
member of the legal profession.
commission is a violation of the lawyer's
The evidence presented by complainant oath to obey the laws, more specifically, the
conclusively establishes the misconduct Notarial Law
imputed to respondent.

*** deliberate falsehood--ohibition of Rule 1.01 of

respondent did not even attempt to Canon 1 of the Code of Professional
Responsibility, which provides: "A lawyer shall
present any evidence, no answer.
not engage in unlawful, dishonest, immoral
or deceitful conduct."

***practice of law is not a right but a

penalty: barred from being commissioned
privilege bestowed by the State on those as a notary public permanently; suspension
who show that they possess, and continue from practiceof law for 2 years.
to possess, the qualifications required by law
for the conferment of such privilege
A-1 FINANCIAL SERVICES, INC. VS.
*** Membership in the bar is a privilege
VALERIO
burdened with conditions*
** lawyer has the privilege and right to practice
law only during good behavior and can only
be
deprived
of
it
for
misconduct
ascertained
**It must be understood that the purpose of
suspending or disbarring him as an attorney
is to remove from the profession a person
whose misconduct has proved him unfit to
be
entrusted
with
the
duties
and
responsibilities belonging to an office of
attorney, and thus to protect the public and
those charged with the administration of
justice, rather than to punish an attorney
*bar should maintain a high standard of
legal proficiency as well as of honesty and
fair dealing

*notarization is not an empty, meaningless,

routinary act. It is invested with substantive
public interest, such that only those who
are qualified or authorized may act as
notaries public.

**notarization by a notary public converts a

private document into a public document

disciplinary action for violation of BP 22

and non-payment of debt
petitionergranted a loan to respondent
50 k
respondent issued PDCwas dishonored ;
repeated demands failed to pay
failed to appear; warrant of arrest was
issued
filed administrative complaint before IBPcommission on Bar discipline required to
file an answer but did not file at all
mother of R-- diagnosed with schizo
failed to attend--- recommendation be
suspended from practive of law for 2
years. --guilty of gross misconduct
her failure to appear at her arraignment
despite due notice and to surrender to the
Court despite the issuance of a warrant of
arrest, showed her lack of respect for
authority and, thus, rendered her
morally unfit to be a member of the bar.
deliberate failure to pay just debts
and the issuance of worthless checks
constitute gross misconduct, for
which a lawyer may be sanctioned
with suspension from the practice of
law
expected to maintain not only legal
proficiency but also a high standard
of morality, honesty, integrity and

fair dealing so that the people's faith and

guilty of gross misconduct and violation
confidence in the judicial system is
of the Code of Professional Responsibility,
ensured.
at all times faithfully perform their
duties to society, to the bar, the
courts and to their clients, which
include prompt payment of financial
RE: 2003 BAR EXAMINATIONS
obligations.
Canon 1 and Rule 1.01 explicitly states
FACTS:
that:
filed by petitioner Danilo de Guzmanto
Canon 1-- A lawyer shall uphold the
grant petitioner's plea for judicial
constitution, obey the laws of the
land and promote respect for law and
clemency, and reinstatement as a
for
legal
processes.
member in good standing of the
Philippine Bar.

She failed to answer the complaint

against her.

Despite due notice, she failed to

attend the disciplinary hearings set
by the IBP.

She also ignored the proceedings

before the court as she likewise
failed to both answer the complaint
against her and appear during her
arraignment, despite orders and
notices from the court.
Clearly, this conduct runs counter to
the
precepts
of
the
Code
of
Professional
Responsibility
and
violates the lawyer's oath which
imposes upon every member of the
Bar the duty to delay no man for
money or malice.
failure to answer the complaint
against him and his failure to appear at
the investigation are evidence of his
flouting resistance to lawful orders of
the
court
and
illustrate
his
despiciency for his oath of office in
violation of Section 3, Rule 138 of the
Rules
of
Court.

aside from issuing worthless checks

and failing to pay her debts, she has
also shown wanton disregard of the
IBP's and Court Orders in the course of
the proceedings.

2004-- BM 1222-- disbar atty Danila de

guzman -- leakage of questions in
Mercantile Law during the 2003 Bar
Examinations.

was employed as an assistant lawyer in

the law firm of Balgos & Perez, one of
whose partners, Marcial Balgos, was the
examiner for Mercantile Law during the
said bar examinations.

who had downloaded the test

questions from the computer of Balgos
and faxed them to other persons.

In Re: Carlos S. Basa, petitioner

pleaded that he be afforded the
same kindness and compassion in
order that, like Atty. Basa, his
promising
future
may
not
be
perpetually foreclosed. (abduction)

In the case of Re: Petition of Al Argosino

to Take the Lawyer's Oath (Bar Matter
712)

in the case of Rodolfo M. Bernardo v. Atty.

Ismael F. Mejia - will take into
consideration the applicant's character
and
standing
prior
to
the
disbarment,
the
nature
and
character of the charge/s for which
he was disbarred, his conduct
subsequent to the disbarment and

the time that has elapsed in

between the disbarment and the
application for reinstatement.
Petitioner:

promising future ahead

has good moral repute before and after

disbarment attested

before barintense desire to render public

serviceinvolvement and participation

but he must be sanctioned for unduly

compromising the inegrity of the bar
examination

however, that petitioner has since

reformed and has sincerely reflected
on his transgressions.

for humanitarian considerations, the

penalty of disbarment may now be
commuted to suspension.

disbarred for more than five (5) years, the

same may be considered as proper service
of said commuted penalty and thus, may
now be allowed to resume practice of
law.

7 years suspension with inclusion of 5

years disbarment

disbarment, are imposed not to punish

but to correct offenders

"Of all classes and professions, the lawyer is

most sacredly bound to uphold the laws. He is
their sworn servant; and for him, of all men in
the world, to repudiate and override the laws, to
trample them underfoot and to ignore the very
bands of society, argues recreancy to his
position and office and sets a pernicious example
to the insubordinate and dangerous elements of
the body politic."